14 days, itemized, or any right to keep it is goneGen. Oblig. Law 7-108 gives a landlord 14 days: “Within fourteen days after the tenant has vacated the premises, the landlord shall provide the tenant with an itemized statement indicating the basis for the amount of the deposit retained, if any, and shall return any remaining portion of the deposit to the tenant” (1-a)(e). Miss it and the landlord loses any right to keep any of it; a willful violation adds punitive damages of up to twice the deposit (g), and the landlord carries the burden (f). No unit count: the section reaches all dwelling units in residential premises, the six-unit floor struck in 2019. The court story, in roles. In May 2020 two individual owners leased a house in Wading River for July and August, with a $20,000 deposit. The tenant asked through his lawyer to leave early, the owners agreed, and he left Jul 24, 2020; the clock ran to Aug 7. On Aug 13 one owner emailed a list of damages totaling $4,561.48, with supporting documents: six days late. The tenant sued for the $20,000, and after the complaint arrived the owners wired his lawyer $15,438.52, leaving the $4,561.48 in dispute. The trial court threw the claim out. The Appellate Division put it back: “[the owners] had until August 7, 2020, to provide the plaintiff with an itemized statement.” It did not award the tenant the money either; the case went back, and the opinion gives no final result. What six days put in play is the $4,561.48 the owners said they were owed, and the opinion does not say who got it. Citation: Cohen v Abruzzo, 228 AD3d 724, 2024 NY Slip Op 03163 (App. Div. 2d Dept., Jun 12, 2024), Official Reports, as corrected through Jul 31, 2024. Opinion; Gen. Oblig. Law 7-108. The same rule in the other seven states, shortest clock first Florida: 15 days to return it; 30 for a certified-mail or agreed e-mail claim notice. No notice, no claim on it. Loser pays fees. Fla. Stat. § 83.49(3). California: 21 calendar days, itemized. In bad faith, the landlord loses any claim to it and faces up to twice the deposit, plus actual damages. Cal. Civ. Code § 1950.5(h), (m). Illinois, any building size: itemized list with receipts in 30 days, or all of it back in 45. Refusal or bad faith costs twice the deposit, plus fees. 765 ILCS 710/1(a), (c). Texas: 30 days after surrender and a written forwarding address. Late is presumed bad faith: $100, three times the amount wrongfully withheld, and attorney’s fees. Tex. Prop. Code §§ 92.103, 92.107, 92.109. Washington: 30 days, documented statement, or the full deposit is owed and defenses barred. Intentional refusal: up to twice the deposit. Loser pays fees. RCW 59.18.280. Oregon: 31 days, written accounting and refund. Money withheld with no accounting, or in bad faith, costs twice the amount. Winner may get fees. ORS 90.300(12), (13), (16); 90.255. Virginia: 45 days, itemized; 15 more for the itemization if damage tops the deposit and needs a contractor, with notice. Willful failure means the deposit back, plus actual damages and attorney fees. Va. Code § 55.1-1226 A, E. |